Members Statements
in the Ontario Legislature re: ODA Legislation

April 10, 2000

On Monday, April 10, 2000, Liberal Disability Critic MPP
Steve Peters took Premier Harris by surprise during Question Period.
The day before, Sunday April 9, 2000, was a significant date because
two and a half years before to the day, the Supreme Court of Canada
had unanimously held in the Eldridge case that provincial governments
had the constitutional obligation to ensure that deaf people using
the health care system had sign language interpreters available
to ensure effective communication with health care providers such as
doctors.

In the two and a half years since, the Ontario Government has not brought
itself into compliance with that decision under the supreme law of the
land, the Charter of Rights. No new Government program has ever been
announced to provide the ASL services which the Eldridge case has required.

Earlier this year, Citizenship Minister Helen Johns made it clear in
her January 17, 2000 letter to Mr. Peters that this issue is still 'under
study', rather than receiving real and meaningful action. That letter
is set forth below.

To bring the Government's attention to this issue on Monday April 10,
2000, Mr. Peters asked the Premier about this sorry situation. To make
the point, Mr. Peters first asked Premier his question in American Sign
Language, rather than the spoken word. Below, is the exchange which
occurred in the Legislature concerning this issue.

It is clear from this exchange that the Government still has no concrete
action to comply with the Eldridge decision. This is especially significant
since in the past, the Government has suggested that no new enforcement
agency is needed under an ODA
because we already have access to the Charter of Rights and the Human
Rights Code. Here is a clear case where even when persons with disabilities
win a decisive victory under the Charter of Rights in the highest court
in the land, the Government feels at
liberty to fail to comply with that decision.

Mr Steve Peters (Elgin-Middlesex-London): My question is for
the Premier. (The member asked a question using American Sign Language.)

Mr Peters: Let me repeat that. Premier, why have you not followed
through with the Supreme Court decision on the Eldridge case? Yesterday
was the two-and-a-half-year anniversary of this ruling, which found
that the failure to provide sign language in the delivery of health
care services for the deaf violates the Charter of Rights and Freedoms.
Your government is obliged to ensure that this communication is available.
Your government, though, has failed to abide by that ruling. Deaf persons
in this province can no more communicate with their doctors and health
care providers than could you or others understand what I had originally
signed to you. Premier, when are you going to take action and stop putting
the lives and the health of deaf persons in this province at risk?

Hon Michael D. Harris (Premier): I think the Minister of Health
can respond to that.

Hon Elizabeth Witmer (Minister of Health and Long-Term Care):
As the member knows, we are moving forward to put in place the recommendations
of the case in order to ensure that those people in this province who
need that type of support will receive it.

Mr Peters: There's an extreme shortage of ASL interpreters in
this province. As I travelled Ontario with the Ontarians with Disabilities
Act tour, even in the Premier's own riding we could not find an ASL
interpreter. We had to bring one in from Kingston and another in from
Sudbury. I found that the issue of access to health care services was
raised repeatedly by persons within the deaf community. The frustration
that persons with disabilities feel as a result of your government's
lack of action is overwhelming. The minister responsible for disabled
issues assures me that the minister is working on a plan. It seems that
everyone in this government is working on a plan. Give us a break. It
has been two and a half years, Minister. When are you going to take
action? When are you going to show some leadership and stop the discrimination
against deaf persons in the health care system?

Hon Mrs Witmer: We certainly recognize the concerns that have
been raised and we are
moving forward. Yes, we are developing a plan, and we do want to ensure
that each individual in this province, no matter where they live, will
have equal access to the health services that they deserve.

Thank you for your letter, with attached letters from four constituents,
regarding interpretive services for the deaf, deafened and hard of hearing.

I received the identical four letters from Leona Dombrowsky, MPP, Hastings-Frontenac-Lennox
& Addington, and responded to Ms. Dombrowsky.

Ontario has funded a program of sign language interpretation for many
years. Currently, the Ministry of Community and Social Services provides
about $1.35 million per year to Ontario Interpreter Services (OIS),
operated by the Canadian Hearing Society.

The Government of Ontario is now examining the potential for expanding
funding for interpreter services.

I am aware of the challenges facing deaf people who require interpreter
services, especially in emergency health encounters.

I understand that staff at the Ministry of Health has been considering
options with regard to interpreting services, and I believe a decision
on the options will be made in the near future.

Thank you for bringing your concerns, and those of your constituents,
to my attention.